[arin-ppml] Draft Policy ARIN-2015-5: Out of region use - revised

[Martin Hannigan]

I use my addresses globally and will continue to do so as needed.  I've
never needed a policy to tell me I can or can't.

Why can't ARIN just confirm that they're a business and be done with it?
Isn't this what we pay them for?

GOTO 10

Not in favor.

Best,

-M<





On Wed, Sep 9, 2015 at 9:38 AM, ARIN <info at arin.net> wrote:

> ARIN-2015-5 has been revised.
>
> You are encouraged to discuss the merits and your concerns of Draft
> Policy 2015-5 on the Public Policy Mailing List.
>
> The AC will evaluate the discussion in order to assess the conformance
> of this draft policy with ARIN's Principles of Internet Number Resource
> Policy as stated in the PDP. Specifically, these principles are:
>
>    * Enabling Fair and Impartial Number Resource Administration
>    * Technically Sound
>    * Supported by the Community
>
> ARIN-2015-5 is below and can be found at:
> https://www.arin.net/policy/proposals/2015_5.html
>
> Regards,
>
> Communications and Member Services
> American Registry for Internet Numbers (ARIN)
>
>
> ## * ##
>
>
> Draft Policy ARIN-2015-5
> Out of region use
>
> Date: 9 September 2015
>
> Problem statement:
>
> Current policy neither clearly forbids nor clearly permits out of region
> use of ARIN registered resources. This has created confusion and
> controversy within the ARIN community for some time. Earlier work on this
> issue has explored several options to restrict or otherwise limit out of
> region use. None of these options have gained consensus within the
> community. The next logical option is a proposal that clearly permits out
> of region use while addressing the key concerns expressed about unlimited
> openness to out of region use and enables ARIN staff to implement the
> policy efficiently.
>
> Policy statement:
>
> Create new Section X: ARIN registered resources may be used outside the
> ARIN service region.
>
> Out of region use of ARIN registered resources are valid justification for
> additional number resources, provided that the applicant has a real and
> substantial connection with the ARIN region which applicant must prove (as
> described below) and is using the same type of resources (with a delegation
> lineage back to an ARIN allocation or assignment) within the ARIN service
> region as follows:
>
> * IPv4: At least a /22 used in region
> * IPv6: At least a /44 used in region
> * ASN: At least one ASN present on one or more peering sessions and/or
> routers within the region.
>
> A real and substantial connection shall be defined as carrying on business
> in the ARIN region in a meaningful manner, whether for or not for profit.
> The determination as to whether an entity is carrying on business in the
> ARIN region in a meaningful manner shall be made by ARIN. Simply being
> incorporated in the ARIN region shall not be sufficient, on its own, to
> prove that an entity is carrying on business in the ARIN region in a
> meaningful manner. Methods that entities may consider using, including
> cumulatively, to prove that they are carrying on business in the ARIN
> region in a meaningful manner include:
> * Demonstrating a physical presence in the ARIN region through a bricks
> and mortar location that is actually used for the purposes of conducting
> business in the ARIN region in a meaningful manner. That is to say, the
> location is not merely a registered office that serves no other business
> purpose.
> * Demonstrating that the entity has staff in the ARIN region. The greater
> the number of staff, the stronger this connecting factor is.
> * Demonstrating that the entity holds assets in the ARIN region. The
> greater the asset value, the stronger this connecting factor is.
> * Demonstrating that the entity provides services to or solicits sales
> from residents of the ARIN region.
> * Demonstrating that the entity holds annual meetings in the ARIN region.
> * Demonstrating that the entity raises investment capital from investors
> in the ARIN region.
> * Demonstrating that the entity has a registered office in the ARIN
> region, although this factor on its own shall not be sufficient.
> * Any other method that the entity considers appropriate.
> The weight accorded to any of the above-noted factors, if any, shall be
> determined solely by ARIN.
>
> The services and facilities used to justify the need for ARIN resources
> that will be used out of region cannot also be used to justify resource
> requests from another RIR. When a request for resources from ARIN is
> justified by need located within another RIR's service region, an officer
> of the application must attest that the same services and facilities have
> not been used as the basis for a resource request in the other region(s).
> ARIN reserves the right to request a listing of all the applicant's number
> holdings in the region(s) of proposed use, but this should happen only when
> there are significant reasons to suspect duplicate requests.
>
> Comments:
>
> a) Timetable for implementation: Various iterations of this policy have
> been presented and debated by ARIN for well over a year now. Given the
> amount of time that has already been spent on developing a policy, ideally,
> this policy would be implemented as soon as possible.
> b) Explanation of draft policy: The draft policy addresses both the
> problem statement as well as the concerns raised at ARIN 35 by participants
> as well as ARIN counsel.
> Firstly, the draft policy addresses the concerns of ARIN counsel as well
> as some of the participants at ARIN 35 by ensuring that anyone requesting
> numbered resources from ARIN has a real and substantial connection with the
> ARIN region. This should go a long way to addressing concerns about fraud,
> legal liability, and interference with the jurisdiction of other RIRs.
> In addition, by placing the burden of proof for demonstrating a real and
> substantial connection with the ARIN region on the applicant, the amount of
> work required of ARIN staff to apply the policy will be reduced.
> The factors noted above are suggestions that an entity may use to
> demonstrate to ARIN that it is carrying on business in the ARIN region in a
> meaningful manner. These factors are all indicative, some more than others,
> that an entity has a real and substantial connection to the ARIN region
> through the carrying on of business in the ARIN region in a meaningful
> manner. Not all of the factors will apply in a given case and proving a
> single factor may not be enough to satisfy ARIN that an entity is carrying
> on business in the region in a meaningful manner. The list of factors is
> meant to be quite broad, including an open-ended factor, in order to
> capture the diversity of businesses that operate in the ARIN region and
> that may justifiably require numbered resources from ARIN. This approach is
> very similar to the practical method that courts typically apply to assess
> whether parties have a sufficient connection to a jurisdiction so as to
> require them to submit themselves to the courts of that jurisdiction.
>
> This draft policy is a substantial improvement over the previous version
> of ARIN-2014-1 in terms of reducing the overall risk to the community by
> requiring a real and substantial connection between an entity requesting
> resources and the ARIN region.
>
> #####
>
> ARIN STAFF & LEGAL ASSESSMENT
>
> Draft Policy ARIN-2015-5
> OUT OF REGION USE
> https://www.arin.net/policy/proposals/2015_5.html
>
> Date of Assessment: 18 August 2015
>
> ___
> 1. Summary (Staff Understanding)
>
> This proposal would allow an organization to receive Internet number
> resources from ARIN for use out of region as long as the applicant is
> currently using at least the equivalent of a /22 of IPv4, /44 of IPv6, or 1
> ASN within the ARIN service region, respectively. In addition, the
> applicant must have a real and substantial connection with the ARIN region,
> which the applicant shall be responsible for proving.
>
> ___
> 2. Comments
>
> A. ARIN Staff Comments
>
> This policy would increase the complexity of ARIN staff review work in
> request cases that fit the profile of this policy. There would in an
> increase in the vetting and utilization verification work currently
> conducted by ARIN staff.
>
> There are conflicting instructions to ARIN staff in this policy text.
> Specifically, the text says, "The determination as to whether an entity is
> carrying on business in the ARIN region in a meaningful manner shall be
> made by ARIN." Then at the end of the examples given, the text states, "Any
> other method that the entity considers appropriate." This implies that ARIN
> staff may have to accept anything presented by an organization as a method
> of proving a "real and substantial connection with the ARIN region."
>
> It is not clear if the utilized /22, /44 or AS Number are required to have
> been issued by ARIN or is it allowable to be from another RIR.
>
> This policy would be placed in the NRPM as section 9, "Out of Region Use".
>
> B. ARIN General Counsel – Legal Assessment
>
> If the policy is enacted it will require ARIN staff to work with counsel
> with some attendant increase in costs in the first year to manage
> implementation. The policy is consistent with standard legal principles
> routinely utilized in the ARIN region. The policy creates no material legal
> risks.
>
> ___
> 3. Resource Impact
> This policy could have a major resource impact from an implementation
> aspect. It is estimated that implementation would occur within 12 months
> after ratification by the ARIN Board of Trustees. The following would be
> needed in order to implement:
>
> * Updated guidelines and internal procedures
> * Staff training
> * Engineering: Engineering efforts to handle out of region business rules
> may besubstantial as our system only supports ascii now. If there is a need
> for unicode character sets, then there is a substantial amount of work
> required to upgrade the DB and applications to support unicode.
> Additionally, we would need to discuss how to display unicode characters in
> port 43 whois. There may be additional tools needed by RSD staff to measure
> in region/out of region use.
>
> ___
> 4. Proposal / Draft Policy Text Assessed
>
> Draft Policy ARIN-2015-5
>
> Date: 23 June 2015
>
> Problem statement:
> Current policy neither clearly forbids nor clearly permits out or region
> use of ARIN registered resources. This has created confusion and
> controversy within the ARIN community for some time. Earlier work on this
> issue has explored several options to restrict or otherwise limit out of
> region use. None of these options have gained consensus within the
> community. The next logical option is a proposal that clearly permits out
> of region use while addressing the key concerns expressed about unlimited
> openness to out of region use and enables ARIN staff to implement the
> policy efficiently.
>
> Policy statement:
> Create new Section X:
> ARIN registered resources may be used outside the ARIN service region. Out
> of region use of IPv4, IPv6, or ASNs are valid justification for additional
> number resources if the applicant is currently using at least the
> equivalent of a /22 of IPv4, /44 of IPv6, or 1 ASN within the ARIN service
> region, respectively. In addition, the applicant must have a real and
> substantial connection with the ARIN region, which the applicant shall be
> responsible for proving.
> A real and substantial connection shall be defined as carrying on business
> in the ARIN region in a meaningful manner, whether for or not for profit.
> The determination as to whether an entity is carrying on business in the
> ARIN region in a meaningful manner shall be made by ARIN. Simply being
> incorporated in the ARIN region shall not be sufficient, on its own, to
> prove that an entity is carrying on business in the ARIN region in a
> meaningful manner. Methods that entities may consider using, including
> cumulatively, to prove that they are carrying on business in the ARIN
> region in a meaningful manner include:
> * Demonstrating a physical presence in the ARIN region through a bricks
> and mortar location that is actually used for the purposes of conducting
> business in the ARIN region in a meaningful manner. That is to say, the
> location is not merely a registered office that serves no other business
> purpose.
> * Demonstrating that the entity has staff in the ARIN region. The greater
> the number of staff, the stronger this connecting factor is.
> * Demonstrating that the entity holds assets in the ARIN region. The
> greater the asset value, the stronger this connecting factor is.
> * Demonstrating that the entity provides services to or solicits sales
> from residents of the ARIN region.
> * Demonstrating that the entity holds annual meetings in the ARIN region.
> * Demonstrating that the entity raises investment capital from investors
> in the ARIN region.
> * Demonstrating that the entity has a registered office in the ARIN
> region, although this factor on its own shall not be sufficient.
> * Any other method that the entity considers appropriate.
> The services and facilities used to justify the need for ARIN resources
> that will be used out of region cannot also be used to justify resource
> requests from another RIR. When a request for resources from ARIN is
> justified by need located within another RIR's service region, the officer
> of the applicant must attest that the same services and facilities have not
> been used as the basis for a resource request in the other region(s). ARIN
> reserves the right to request a listing of all the applicant's number
> holdings in the region(s) of proposed use, but this should happen only when
> there are significant reasons to suspect duplicate requests.
>
> Comments:
> a) Timetable for implementation: Various iterations of this policy have
> been presented and debated by ARIN for well over a year now. Given the
> amount of time that has already been spent on developing a policy, ideally,
> this policy would be implemented as soon as possible.
> b) Explanation of draft policy: The draft policy addresses both the
> problem statement as well as the concerns raised at ARIN 35 by participants
> as well as ARIN counsel.
> Firstly, the draft policy addresses the concerns of ARIN counsel as well
> as some of the participants at ARIN 35 by ensuring that anyone requesting
> numbered resources from ARIN has a real and substantial connection with the
> ARIN region. This should go a long way to addressing concerns about fraud,
> legal liability, and interference with the jurisdiction of other RIRs.
> In addition, by placing the burden of proof for demonstrating a real and
> substantial connection with the ARIN region on the applicant, the amount of
> work required of ARIN staff to apply the policy will be reduced.
> The factors noted above are suggestions that an entity may use to
> demonstrate to ARIN that it is carrying on business in the ARIN region in a
> meaningful manner. These factors are all indicative, some more than others,
> that an entity has a real and substantial connection to the ARIN region
> through the carrying on of business in the ARIN region in a meaningful
> manner. Not all of the factors will apply in a given case and proving a
> single factor may not be enough to satisfy ARIN that an entity is carrying
> on business in the region in a meaningful manner. The list of factors is
> meant to be quite broad, including an open-ended factor, in order to
> capture the diversity of businesses that operate in the ARIN region and
> that may justifiably require numbered resources from ARIN. This approach is
> very similar to the practical method that courts typically apply to assess
> whether parties have a sufficient connection to a jurisdiction so as to
> require them to submit themselves to the courts of that jurisdiction.
> This draft policy is a substantial improvement over the previous version
> of ARIN-2014-1 in terms of reducing the overall risk to the community by
> requiring a real and substantial connection between an entity requesting
> resources and the ARIN region.
> _______________________________________________
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